Buckley v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. In July, 1881, Pleas Buckley was indicted upon the charge of having murdered Nance Patton on the 30th of June, 1884. He, plead “not guilty,” was tried, convicted, and sentenced to be hanged. A motion made by him for a new trial having been overruled, he appealed to this court. The defendant testified at the trial in his own behalf.
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Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. In July, 1881, Pleas Buckley was indicted upon the charge of having murdered Nance Patton on the 30th of June, 1884. He, plead “not guilty,” was tried, convicted, and sentenced to be hanged. A motion made by him for a new trial having been overruled, he appealed to this court. The defendant testified at the trial in his own behalf. By the sixth instruction given for the State the court charged the jury as to the weight of the defendant’s testimony. That instruction is fully set out in the opinion of the court and is…
1Opinion of the CourtCampbell, J.
By the sixth instruction for the State the jury was told that “ It is true that under the laws of this State the defendant is a competent witness in his own behalf, but in weighing his testimony the jury should consider the interest he has in the result of the same, and they may disregard it altogether.” This was clearly wrong. The jury had no right to disregard the testimony of the defendant merely because he was such and deeply interested in the result. The statute makes a defendant a competent witness, and while it is for the jury to determine the weight to be given to his evidence, it *707is…
2Cited by24 opinions
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- Callas v. StateMississippi Supreme Court · 1928
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